delay for delay. Delay
for delay is to sell a debt against one man for a debt against another
man."
Malik said, "If someone advances for goods to be
delivered after a time, and those goods are neither something to be
eaten nor drunk, he can sell them to whomever he likes for cash or
goods, before he takes delivery of them, to some one other than the
person from whom he purchased them. He must not sell them to the
person from whom he bought them except in exchange for goods which he
takes possession of immediately and does not defer."
Malik
said, "If the delivery date for the goods has not arrived, there is no
harm in selling them to the original owner for goods which are clearly
different and which he takes immediate possession of and does not
defer."
Malik spoke about the case of a man who advanced
dinars or dirhams for four specified pieces of cloth to be delivered
before a specified time and when the term fell due, he demanded
delivery from the seller and the seller did not have them. He found
that the seller had cloth but inferior quality, and the seller said
that he would give him eight of those cloths. Malik said, "There is no
harm in that if he takes the cloths which he offers him before they
separate. It is not good if delayed terms enter into the transaction.
It is also not good if that is before the end of the term, unless he
sells him cloth which is notthetypeof cloth for which he made an
advance.